Basic Concepts, Arrests, and Seizures Flashcards
Two Exceptions to General Rule that Constitutional Protections Apply Only to Government Actions
(1) Private persons acting as government agents
(2) Defense counsel (public & private) treated as government actors for purpose of 6th Amendment with respect to effective assistance of counsel
Seizure
When an officer, by means of physical contact or show of authority, INTENTIONALLY TERMINATES OR RESTRAINS A PERSON’S FREEDOM OF MOVEMENT
Types of Seizures
5
(1) Stop and Frisk/Terry Stops
(2) Traffic Stops
(3) Arrests
(4) Warrants
(5) Warrantless Arrests
Seizure: Stop and Frisk/Terry Stop
Officer has REASONABLE SUSPICION, based on ARTICULABLE FACTS, to believe suspect is or is about to be engaged in criminal behavior
During Terry Stop, officer can pat down detainee for weapons but cannot frisk for evidence
If pat down reveals objects whose shape makes their identity obvious, the officer can seize those objects
If probable cause develops during a Terry Stop, the officer can then make an arres
Seizure: Traffic Stops
REASONABLE SUSPICION
Officer may pat down occupant for weapons if reasonable suspicion that person has a weapon
Seizure: Arrests
PROBABLE CAUSE to believe that the arrested individual has committed a crime
Seizure: Warrants
PROBABLE CAUSE to believe individual has committed a particular crime
Warrant must name the person and identify the offense
Seizure: Warrantless Arrests
Officer can arrest an individual without a warrant in a public place, either for a crime committed in the officer’s presence or based on probably cause to believe individual committed a felony
If crime not committed in officer’s presence, officer can only make arrest for a felony
Two Situations in which an Officer Can Arrest an Individual Inside a Dwelling without a Warrant
(1) Exigent Circumstances (hot pursuit or danger to others)
(2) Consent
Searches Incident to Arrest
Lawful arrest permits the arresting officers to make a contemporaneous search of the person arrested and the immediate surrounding areas
Searches Incident to Arrest: Arrest on Street
Can search suspect and their wingspan
Searches Incident to Arrest: Arrest at Home
Can search suspect and the immediate arrest area
Searches Incident to Arrest: Arrest in a Car
May search passenger compartment of a vehicle
as long as the person/suspect still has access to the vehicle at the time
Officers cannot arrest a suspect, put them in the back of the squad car, and then go back and conduct a search of the car
Inventory Search
When the police arrest a driver and impound their car, it may be searched for inventory purposes
Cellphones
Officers may seize a cellphone during an arrest and check the phone for dangers, but police need a warrant to search the phone’s digital information
